Senate Bill sb1002

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1002

    By Senator Fasano





    11-104-06

  1                      A bill to be entitled

  2         An act relating to professional sports

  3         franchises; amending s. 212.20, F.S.; revising

  4         a limitation on monthly aggregate distributions

  5         to certified facilities for a retained spring

  6         training franchise; deleting provisions with

  7         respect to the entitlement of certified

  8         applicants to receive distributions for

  9         additional renovations and improvements to a

10         facility without additional certification;

11         amending s. 288.1162, F.S.; requiring a

12         verified copy of a binding agreement for

13         payment of cost overruns as a prerequisite for

14         certification under certain circumstances;

15         providing procedure for certification of

16         additional facilities for a retained spring

17         training franchise; providing for application

18         and selection; establishing maximum number of

19         certifications and funding; providing

20         evaluation criteria; clarifying the number of

21         certifications of facilities for retained

22         spring training franchises; increasing the

23         number of facilities certified by the Office of

24         Tourism, Trade, and Economic Development as

25         facilities for a new professional sports

26         franchise or as facilities for a retained

27         professional sports franchise; providing an

28         additional exception to disqualification for

29         certification of an applicant when the

30         franchise formed the basis of a previous

31         certification; providing that payments to a

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1         certified applicant may not extend beyond the

 2         period for which the original certification was

 3         issued; specifying the date on which an

 4         applicant certified after the effective date of

 5         the act may receive disbursements; providing an

 6         effective date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Paragraph (d) of subsection (6) of section

11  212.20, Florida Statutes, is amended to read:

12         212.20  Funds collected, disposition; additional powers

13  of department; operational expense; refund of taxes

14  adjudicated unconstitutionally collected.--

15         (6)  Distribution of all proceeds under this chapter

16  and s. 202.18(1)(b) and (2)(b) shall be as follows:

17         (d)  The proceeds of all other taxes and fees imposed

18  pursuant to this chapter or remitted pursuant to s.

19  202.18(1)(b) and (2)(b) shall be distributed as follows:

20         1.  In any fiscal year, the greater of $500 million,

21  minus an amount equal to 4.6 percent of the proceeds of the

22  taxes collected pursuant to chapter 201, or 5 percent of all

23  other taxes and fees imposed pursuant to this chapter or

24  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

25  deposited in monthly installments into the General Revenue

26  Fund.

27         2.  Two-tenths of one percent shall be transferred to

28  the Ecosystem Management and Restoration Trust Fund to be used

29  for water quality improvement and water restoration projects.

30         3.  After the distribution under subparagraphs 1. and

31  2., 8.814 percent of the amount remitted by a sales tax dealer

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1  located within a participating county pursuant to s. 218.61

 2  shall be transferred into the Local Government Half-cent Sales

 3  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to

 4  be transferred pursuant to this subparagraph to the Local

 5  Government Half-cent Sales Tax Clearing Trust Fund shall be

 6  reduced by 0.1 percent, and the department shall distribute

 7  this amount to the Public Employees Relations Commission Trust

 8  Fund less $5,000 each month, which shall be added to the

 9  amount calculated in subparagraph 4. and distributed

10  accordingly.

11         4.  After the distribution under subparagraphs 1., 2.,

12  and 3., 0.095 percent shall be transferred to the Local

13  Government Half-cent Sales Tax Clearing Trust Fund and

14  distributed pursuant to s. 218.65.

15         5.  After the distributions under subparagraphs 1., 2.,

16  3., and 4., 2.0440 percent of the available proceeds pursuant

17  to this paragraph shall be transferred monthly to the Revenue

18  Sharing Trust Fund for Counties pursuant to s. 218.215.

19         6.  After the distributions under subparagraphs 1., 2.,

20  3., and 4., 1.3409 percent of the available proceeds pursuant

21  to this paragraph shall be transferred monthly to the Revenue

22  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

23  If the total revenue to be distributed pursuant to this

24  subparagraph is at least as great as the amount due from the

25  Revenue Sharing Trust Fund for Municipalities and the former

26  Municipal Financial Assistance Trust Fund in state fiscal year

27  1999-2000, no municipality shall receive less than the amount

28  due from the Revenue Sharing Trust Fund for Municipalities and

29  the former Municipal Financial Assistance Trust Fund in state

30  fiscal year 1999-2000. If the total proceeds to be distributed

31  are less than the amount received in combination from the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1  Revenue Sharing Trust Fund for Municipalities and the former

 2  Municipal Financial Assistance Trust Fund in state fiscal year

 3  1999-2000, each municipality shall receive an amount

 4  proportionate to the amount it was due in state fiscal year

 5  1999-2000.

 6         7.  Of the remaining proceeds:

 7         a.  In each fiscal year, the sum of $29,915,500 shall

 8  be divided into as many equal parts as there are counties in

 9  the state, and one part shall be distributed to each county.

10  The distribution among the several counties shall begin each

11  fiscal year on or before January 5th and shall continue

12  monthly for a total of 4 months. If a local or special law

13  required that any moneys accruing to a county in fiscal year

14  1999-2000 under the then-existing provisions of s. 550.135 be

15  paid directly to the district school board, special district,

16  or a municipal government, such payment shall continue until

17  such time that the local or special law is amended or

18  repealed. The state covenants with holders of bonds or other

19  instruments of indebtedness issued by local governments,

20  special districts, or district school boards prior to July 1,

21  2000, that it is not the intent of this subparagraph to

22  adversely affect the rights of those holders or relieve local

23  governments, special districts, or district school boards of

24  the duty to meet their obligations as a result of previous

25  pledges or assignments or trusts entered into which obligated

26  funds received from the distribution to county governments

27  under then-existing s. 550.135. This distribution specifically

28  is in lieu of funds distributed under s. 550.135 prior to July

29  1, 2000.

30         b.  The department shall distribute $166,667 monthly

31  pursuant to s. 288.1162 to each applicant that has been

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1  certified as a "facility for a new professional sports

 2  franchise" or a "facility for a retained professional sports

 3  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

 4  distributed monthly by the department to each applicant that

 5  has been certified as a "facility for a retained spring

 6  training franchise" pursuant to s. 288.1162; however, not more

 7  than $333,336 $208,335 may be distributed monthly in the

 8  aggregate to all certified facilities for a retained spring

 9  training franchise. Distributions shall begin 60 days

10  following such certification and shall continue for not more

11  than 30 years. Nothing contained in this paragraph shall be

12  construed to allow an applicant certified pursuant to s.

13  288.1162 to receive more in distributions than actually

14  expended by the applicant for the public purposes provided for

15  in s. 288.1162(6). However, a certified applicant is entitled

16  to receive distributions up to the maximum amount allowable

17  and undistributed under this section for additional

18  renovations and improvements to the facility for the franchise

19  without additional certification.

20         c.  Beginning 30 days after notice by the Office of

21  Tourism, Trade, and Economic Development to the Department of

22  Revenue that an applicant has been certified as the

23  professional golf hall of fame pursuant to s. 288.1168 and is

24  open to the public, $166,667 shall be distributed monthly, for

25  up to 300 months, to the applicant.

26         d.  Beginning 30 days after notice by the Office of

27  Tourism, Trade, and Economic Development to the Department of

28  Revenue that the applicant has been certified as the

29  International Game Fish Association World Center facility

30  pursuant to s. 288.1169, and the facility is open to the

31  public, $83,333 shall be distributed monthly, for up to 168

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1  months, to the applicant. This distribution is subject to

 2  reduction pursuant to s. 288.1169. A lump sum payment of

 3  $999,996 shall be made, after certification and before July 1,

 4  2000.

 5         8.  All other proceeds shall remain with the General

 6  Revenue Fund.

 7         Section 2.  Paragraph (h) of subsection (4) of section

 8  288.1162, Florida Statutes, is redesignated as paragraph (i),

 9  a new paragraph (h) is added to that subsection, and paragraph

10  (c) of subsection (5) and subsections (7) and (9) of section

11  288.1162, Florida Statutes, are amended, to read:

12         288.1162  Professional sports franchises; spring

13  training franchises; duties.--

14         (4)  Prior to certifying an applicant as a "facility

15  for a new professional sports franchise" or a "facility for a

16  retained professional sports franchise," the Office of

17  Tourism, Trade, and Economic Development must determine that:

18         (h)  The applicant for a facility for a new

19  professional sports franchise has a verified copy of a binding

20  agreement with the new professional sports franchise which

21  requires the franchise to pay for any cost overrun when the

22  franchise was used as the basis for the original certification

23  of the applicant described in paragraph (9)(a) and is the

24  basis for the current certification request.

25         (i)(h)  No applicant previously certified under any

26  provision of this section who has received funding under such

27  certification shall be eligible for an additional

28  certification.

29         (5)

30         (c)1.  The Office of Tourism, Trade, and Economic

31  Development shall competitively evaluate applications for

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1  funding of a facility for a retained spring training

 2  franchise. Applications must be submitted by October 1, 2000,

 3  with certifications to be made by January 1, 2001. If the

 4  number of applicants exceeds five and the aggregate funding

 5  request of all applications exceeds $208,335 per month, the

 6  office shall rank the applications according to a selection

 7  criteria, certifying the highest ranked proposals. The

 8  evaluation criteria shall include, with priority given in

 9  descending order to the following items:

10         a.1.  The intended use of the funds by the applicant,

11  with priority given to the construction of a new facility.

12         b.2.  The length of time that the existing franchise

13  has been located in the state, with priority given to

14  retaining franchises that have been in the same location the

15  longest.

16         c.3.  The length of time that a facility to be used by

17  a retained spring training franchise has been used by one or

18  more spring training franchises, with priority given to a

19  facility that has been in continuous use as a facility for

20  spring training the longest.

21         d.4.  For those teams leasing a spring training

22  facility from a unit of local government, the remaining time

23  on the lease for facilities used by the spring training

24  franchise, with priority given to the shortest time period

25  remaining on the lease.

26         e.5.  The duration of the future-use agreement with the

27  retained spring training franchise, with priority given to the

28  future-use agreement having the longest duration.

29         f.6.  The amount of the local match, with priority

30  given to the largest percentage of local match proposed.

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1         g.7.  The net increase of total active recreation space

 2  owned by the applying unit of local government following the

 3  acquisition of land for the spring training facility, with

 4  priority given to the largest percentage increase of total

 5  active recreation space.

 6         h.8.  The location of the facility in a brownfield, an

 7  enterprise zone, a community redevelopment area, or other area

 8  of targeted development or revitalization included in an Urban

 9  Infill Redevelopment Plan, with priority given to facilities

10  located in these areas.

11         i.9.  The projections on paid attendance attracted by

12  the facility and the proposed effect on the economy of the

13  local community, with priority given to the highest projected

14  paid attendance.

15         2.  Beginning July 1, 2006, the Office of Tourism,

16  Trade, and Economic Development shall competitively evaluate

17  applications for funding of facilities for retained spring

18  training franchises in addition to those certified and funded

19  under subparagraph 1. Applications must be submitted by

20  October 1, 2006, with certifications to be made by January 1,

21  2007. The office shall rank the applications according to

22  selection criteria, certifying no more than three proposals.

23  The aggregate funding request of all applicants certified may

24  not exceed $125,001 per month. The evaluation criteria shall

25  include the following, with priority given in descending

26  order:

27         a.  The intended use of the funds by the applicant for

28  acquisition or construction of a new facility.

29         b.  The intended use of the funds by the applicant to

30  renovate a facility.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1         c.  The length of time that a facility to be used by a

 2  retained spring training franchise has been used by one or

 3  more spring training franchises, with priority given to a

 4  facility that has been in continuous use as a facility for

 5  spring training the longest.

 6         d.  For those teams leasing a spring training facility

 7  from a unit of local government, the remaining time on the

 8  lease for facilities used by the spring training franchise,

 9  with priority given to the shortest time period remaining on

10  the lease. For consideration under this subparagraph, the

11  remaining time on the lease may not exceed 4 years.

12         e.  The duration of the future-use agreement with the

13  retained spring training franchise, with priority given to the

14  future-use agreement having the longest duration.

15         f.  The amount of the local match, with priority given

16  to the largest percentage of local match proposed.

17         g.  The net increase of total active recreation space

18  owned by the applying unit of local government following the

19  acquisition of land for the spring training facility, with

20  priority given to the largest percentage increase of total

21  active recreation space.

22         h.  The location of the facility in a brownfield area,

23  an enterprise zone, a community redevelopment area, or another

24  area of targeted development or revitalization included in an

25  Urban Infill Redevelopment Plan, with priority given to

26  facilities located in those areas.

27         i.  The projections on paid attendance attracted by the

28  facility and the proposed effect on the economy of the local

29  community, with priority given to the highest projected paid

30  attendance.

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1         (7)  The Office of Tourism, Trade, and Economic

 2  Development shall notify the Department of Revenue of any

 3  facility certified as a facility for a new professional sports

 4  franchise or a facility for a retained professional sports

 5  franchise or as a facility for a retained spring training

 6  franchise. The Office of Tourism, Trade, and Economic

 7  Development shall certify no more than nine eight facilities

 8  as facilities for a new professional sports franchise or as

 9  facilities for a retained professional sports franchise and

10  shall certify at least five as facilities for retained spring

11  training franchises, including in such total any facilities

12  certified by the Department of Commerce before July 1, 1996.

13  The number of certifications of facilities for retained spring

14  training franchises shall be pursuant to subsection (5). The

15  office may make no more than one certification for any

16  facility. The office may not certify funding for less than the

17  requested amount to any applicant certified as a facility for

18  a retained spring training franchise.

19         (9)(a)  An applicant is not qualified for certification

20  under this section if the franchise formed the basis for a

21  previous certification, unless:

22         1.  The previous certification was withdrawn by the

23  facility or invalidated by the Office of Tourism, Trade, and

24  Economic Development or the Department of Commerce before any

25  funds were distributed pursuant to s. 212.20; or.

26         2.  The previous certification was for an applicant

27  that served as the home facility for two professional sports

28  franchises and the franchise was used as a basis for the

29  certification of a new applicant. Notwithstanding any other

30  provision of this section, the franchise continuing to use the

31  original applicant shall be considered the franchise forming

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1002
    11-104-06




 1  the basis of the previous certification and the previous

 2  certification shall continue to apply for the time period

 3  permitted from the original date of certification.

 4         (b)  This subsection does not disqualify an applicant

 5  if the previous certification occurred between May 23, 1993,

 6  and May 25, 1993; however, any funds to be distributed

 7  pursuant to s. 212.20 for the second certification shall be

 8  offset by the amount distributed to the previous certified

 9  facility. Distribution of funds for the second certification

10  shall not be made until all amounts payable for the first

11  certification have been distributed.

12         (c)  Payments to a certified applicant may not extend

13  beyond the period for which the original certification was

14  issued.

15         Section 3.  Notwithstanding any other provision of law,

16  an applicant that is certified after the effective date of

17  this act pursuant to s. 288.1162, Florida Statutes, by the

18  Office of Tourism, Trade, and Economic Development as a

19  facility for a new professional sports franchise or a facility

20  for a retained professional sports franchise may not receive

21  disbursements pursuant to s. 212.20(6)(d)7.b., Florida

22  Statutes, until July 1, 2007.

23         Section 4.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.